What notice requirements and procedures apply for notifying creditors in New York probate?
New York Detailed Answer This guide explains creditor notice requirements under New York law. It covers publication, mailing, claim deadlines, and includes medical debt collectors. Always confirm deadlines with your Surrogate’s Court. 1. Publication Notice (SCPA 308) Under New York Surrogate’s Court Procedure Act (SCPA) § 308, the personal representative must publish notice in a […]
Read article →How Can a Potential Heir Be Appointed as Administrator When the Decedent Left No Will in New York?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies without a valid will (intestate) in New York, the Surrogate’s Court appoints an administrator to manage the estate. New York law governs this process under the Surrogate’s Court Procedure Act (SCPA) and the Estates, Powers & […]
Read article →What documentation is needed to freeze or secure a decedent’s bank accounts when co-heirs refuse to cooperate in NY?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When co-heirs refuse to turn over a decedent’s bank accounts, you must go through Surrogate’s Court in New York to obtain authority to freeze or secure those assets. Below are the key steps and documents you need: 1. Obtain […]
Read article →How are real property and personal assets identified, inventoried, and distributed under intestacy law in New York?
How Are Real Property and Personal Assets Identified, Inventoried, and Distributed Under Intestacy Law in New York? Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Identifying and Inventoring Assets When someone dies without a valid will in New York, an administrator steps in. The Surrogate’s Court […]
Read article →What type of deed should heirs sign to convey their interests in out-of-state property, and how is it recorded? – NY
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in the jurisdiction where the property is located. 1. Identify Who Signs the Deed Under New York law, real property owned at death vests in heirs by operation of law if there is no will. […]
Read article →How can a client verify that creditor notice requirements were satisfied in the original New York estate to rely on the two-year rule?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. New York’s two-year rule under EPTL § 5-4.1 bars most creditor claims two years after Letters Testamentary or Letters of Administration are issued, provided proper notice is given. To verify the notice requirements were satisfied in the original estate, […]
Read article →Should a Personal Representative in New York Open an Estate Account to Handle Estate Funds?
Should a Personal Representative Open an Estate Account in New York? Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer In New York, a personal representative (also called an executor or administrator) has the fiduciary duty to collect, […]
Read article →What steps are needed to bring real property into the estate in order to pay claims of the estate? (NY)
Bringing Real Property into the Estate to Pay Claims under New York Law Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation. Detailed Answer When a decedent owned real property solely in their name, the executor or administrator must follow specific […]
Read article →Can I Seek Reimbursement from the Estate for Paying the Funeral Bill in NY?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer 1. Statutory Priority for Funeral Expenses (SCPA §1802) Under New York law, funeral expenses enjoy high priority in estate administration. New York Surrogate’s Court Procedure Act (SCPA) §1802(1–a) grants a reimbursement allowance for reasonable funeral costs up to a […]
Read article →How can an administrator verify that a payment fully satisfied the outstanding vehicle loan in New York (NY)?
How Can An Administrator Verify That A Payment Fully Satisfied The Outstanding Vehicle Loan? Detailed Answer When settling an estate or managing assets, an administrator must ensure a vehicle loan is fully paid off before distributing or selling the asset. In New York, the verification process involves documentation from the lender and confirmation with state […]
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